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august 1985

Supreme Court of India · 1985-08-23

SRI CHAND ETC. vs GOVERNMENT OF U.P. LUCKNOW & ORS.

Citation / case number
SC 1985/66979
Court
Supreme Court of India
Petitioner
SRI CHAND ETC.
Respondent
GOVERNMENT OF U.P. LUCKNOW & ORS.
Author
E.S. VENKATARAMIAH
Bench
E.S. VENKATARAMIAH

Judgment text excerpt

The Supreme Court held that the proceedings pending before the State Government under Section 68-C of the Motor Vehicles Act, 1939, were invalid due to unreasonable delay of 26 years, violating Article 14 and Article 19(1)(g) of the Constitution. The Court found that Civil Courts had improperly issued injunctions preventing the State from acting, which is barred under Section 9 of the Code of Civil Procedure. Consequently, the draft scheme published on February 26, 1959, was quashed, and the State Government was directed not to proceed with the matter, allowing for a new draft scheme to be published if necessary.

SRI CHAND ETC. vs GOVERNMENT OF U.P. LUCKNOW & ORS. · Niyam